Gujarat High Court has recently fined ten men for raising objection to a musim man setting up shop in predominantly hindu area.
The single-judge bench of Justice Biren Vaishnav termed the incident as 'unfortunate' and imposed a cost of ₹25,000/- on the group of men for barring the muslim man from enjoying his right over the property he purchased from a hindu man to conduct his business.
"It is a disturbing factor that a successful purchaser of property in a disturbed area is being hounded and thwarting his attempt to enjoy the fruits of the property which he successfully purchased," the Cout noted.
The petitioners submitted before the Court that they bear witness to the sale agreement between the parties but alleged that it was a coerced act. Police and District Collector also previously raised objection to the sale as they cited law and order problem that could arise due the off-balance on part of the majority hindu community. The High Court though have dismissed the objection back in 2020.
The Court has opined that it could only intervene if the sale agreement runs contray to Gujarat Prohibition of Transfer of Immovable Property and provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1981.
When the purchaser moved on to register the transfer with the sub-registrar, the petitioners herein objected saying that they were coerced to be witnesses and to put their signatures on the sale documents.
Objection of the similar tunes has been raised in a separate petition by 10 shop owners adjacent to the shop being sold.
The Court dismissed the present review petition with cost.
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(With input from news agency language)
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